ATTORNEYS ON RETAINER ARIZONA SELF-PROTECTION OPTION FEE AGREEMENT

CONFIDENTIAL ATTORNEY COMMUNICATION

Dear Member:

This document confirms the terms and scope of our agreement (hereinafter the “Agreement”) for your (hereinafter “Client”) ongoing monthly membership in the Attorneys on Retainer Program, Arizona Self-Protection Option (hereinafter the “Program”) offered by Marc J. Victor, P.C. dba The Attorneys For Freedom Law Firm (hereinafter the “Attorney.”). The effective date of this Agreement (hereinafter the “Effective Date”) shall be the date the Attorney signs this Agreement which will only occur after the Attorney has received the confirmation of this executed Agreement by Client, the initial set-up fee has been paid, and the Client has met with the Attorney to discuss the terms of the Agreement.

I. SCOPE OF AGREEMENT

A. The Scope of this Agreement is limited to securing the availability of the Attorneys For Freedom Law Firm for legal representation in any “Applicable Legal Matter” as detailed below. B. Additionally, the Scope of this Agreement provides for no additional attorney’s fees for any Attorneys For Freedom attorneys. However, costs are excluded.

C. As to all such Applicable Legal Matters, a new binding fee agreement will be entered into between Client and Attorney for specific Applicable Legal Matters, subject to compliance with the Rules of Professional Conduct (including but not limited to ER 3.1 meritorious claims and ERs 1.7/1.9 conflicts of interest).

The Attorneys on Retainer Program is not an insurance product of any kind. Membership in the Attorneys on Retainer Program entitles the Client to representation for any of the legal matters listed below subject to the Rules of Professional Conduct including clearing any

conflicts of interest for a particular Applicable Legal Matter.

II. EARNED MONTHLY RETAINER FEE

A. Client agrees to pay the initial $100.00 set-up fee and, at the end of the second month, timely pay the ongoing, non-refundable membership fee in the amount of $25.00 per month via credit card for as long as Client desires this Agreement to remain in effect and in force. The monthly retainer fee is collected in arrears after the attorney’s availability has been provided to the Client, which means the fee is earned for the prior month’s availability.

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B. Either Client or the Attorney may opt to unilaterally terminate this Agreement at any time for any reason or no reason at all. This Agreement is automatically and immediately terminated as of the date Client fails to remit the earned monthly payment of $25.00 as detailed in this Agreement. Because this is a monthly non-refundable retainer simply to secure Attorney’s availability and will not be billed against, Client understands that if Client terminates this Agreement, Client has no further obligation to make payments to this Program nor would Client be entitled to any refund. This provision conforms to the requirements of Arizona Rule of Professional Conduct 1.5 as a true retainer as that term is defined under Arizona Rules of Professional Conduct 1.5 Comment [7]. C. The first monthly payment will be due sixty (60) days after your set-up fee is remitted pursuant to this agreement and shall be the due date for the following month and every month thereafter. In the event the initial payment is on the 28th, 29th, 30th or 31st of the month, the due date shall be the final day of each following month. The monthly retainer fee is due and considered earned at the end of the thirty (30) day period.

D. Client agrees to remit the earned payment of $25.00 per month solely for two distinct purposes:

1. To ensure the Attorney’s availability to represent the Client for any of the Applicable Legal Matters listed below (subject to a conflict check); and 2. To provide legal representation with no additional firm attorney’s fees for any of the Applicable Legal Matters and circumstances listed below in Section III.

The Attorney does not accept payment with funds obtained in any illegal manner.

You hereby agree and certify that any funds used to pay fees agreed to and set out in this Agreement were obtained solely by lawful means. If someone other than Client pays the

fees, Client consents to such payment, is authorized to have such payment made on Client’s behalf and understands that the payor is not entitled to information about the representation

or to direct the representation.

III. APPLICABLE LEGAL MATTERS

A. An Applicable Legal Matter is any legal matter listed below which has arisen as a result of events that initially occurred after the Effective Date of this Agreement and for which there are no conflicts of interest prohibiting representation. In such an event, the Attorney shall attempt to secure qualified legal representation at the same reduced hourly or contingency rates from qualified legal counsel free from the applicable conflict.

B. Any legal matter that arises from events occurring prior to the Effective Date of this Agreement is specifically excluded from this Agreement. The date upon which any formal criminal charges are filed is inapplicable to the analysis of an Applicable Legal Matter.

C. This Program is offered and available only in Arizona and in compliance with the Arizona Rules of Professional Conduct. Legal representation pursuant to this Agreement is strictly limited to occasions when the following three circumstances all apply:

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1. Client has been officially charged with at least one of the following Arizona state felony criminal matters arising from initial events alleged to occur after the Effective Date of this Agreement:

• Murder 13-1105 or 13-1104 • Manslaughter 13-1103 • Negligent Homicide 13-1102 • Aggravated Assault 13-1204 (A)(1) or (A)(2) • Felony Endangerment 13-1201 • Disorderly Conduct with a Weapon 13-2904 (A)(6) • Negligent Discharge 13-3107

2. Client reasonably asserts a statutorily recognized justification defense to the charge. 3. The matter is currently at the trial court level. No appellate representation is available pursuant to this Agreement.

D. Additional Charges: In the event other additional criminal charges are brought along with any of the above-listed charges, the Attorney will determine whether the additional charges are incidental related charges. If so, the legal fees for those criminal charges will be included. However, if the listed charges are incidental to other related criminal charges, Attorney's fees will be charged at the hourly rate of $175.00 per hour for representation in the entire criminal matter. The Attorney cannot represent a client on some charges, but not others. E. Trial Court Level Only: Representation pursuant to this Agreement includes all Attorneys For Freedom attorney’s fees for either a bench or jury trial. However, representation pursuant to this Agreement does not include any legal representation beyond the trial level. As such, this Agreement does not include appellate representation. F. New Fee Agreement: In the event Client retains Attorney for legal representation in any Applicable Legal Matter pursuant to this Agreement, a new Fee Agreement will be executed incorporating the terms of this Agreement. This Agreement does not include any costs, fees or expenses other than the Attorney’s Fees. Such matters remain the responsibility of Client at all times. G. The Attorney is ethically bound not to represent clients engaging in bad faith litigation, including frivolous legal matters or positions. As such, the Attorney shall be the sole judge of what matters are in bad faith or frivolous. If the Attorney determines any legal matter or position is engaged in, in bad faith or is frivolous for any reason, no legal representation will be offered. Additionally, the Attorney is ethically bound not to accept representation if a legal or ethical conflict of interest would arise from such representation (such as a witness or opposing party being a current or former client of Attorney). In such an event, the Attorney shall attempt to secure qualified legal representation at the same reduced hourly or contingency rates from qualified legal counsel free from the applicable conflict.

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IV. EXPENSES

In addition to the monthly retain fee and hourly rate mentioned above, Client shall also be responsible for the payment of all out-of-pocket costs and expenses incurred on Client’s behalf, which shall include, but not limited to, the following: expert witnesses, investigators, polygraph examinations, DNA examinations and other scientific tests, court costs and all official fees, witness and consulting fees, court reporters, fees related to discovery and departmental reports, medical records, bail bond fees, necessary travel expenses, transcripts, process servers, messenger services, appraisers, escrow agents, accountants, electronic research (Westlaw), extensive photocopies, extensive postage, extensive fax transmittals, extensive long distance telephone charges, and, in the case of appeals, the appellate record, and any other expenses which in the judgment of the Attorney are necessary to your representation.

V. OTHER PROVISIONS

A. Client understands and agrees that in the event legal representation is agreed to pursuant to this Agreement, Client may be required to deposit an initial amount in the Marc J. Victor, P.C. Trust Account against which expenses will be deducted. The Attorney shall have sole discretion to determine a reasonable initial amount (an Advance Fee Deposit) to be deposited into the Trust Account. Client will also be required to replenish funds in the Trust Account as needed to cover ongoing expenses. If funds are required, no representation will commence until Client has made the initial deposit into the Trust account.

B. Client agrees to timely provide all information requested by the Attorney. All Parties to this Agreement consent and agree that notwithstanding who has actually paid the non-refundable monthly retainer fee, only the person identified by this Agreement as the Client is entitled to legal representation. Only one person can be identified as the Client per this Retainer Program Agreement.

VI. ETHICS OBLIGATIONS

A. You understand the Attorney is bound by and complies with all ethical obligations and standards of conduct as required by the Arizona Supreme Court and any other state supreme courts involving matters in other states including but not limited to:

1. Attorney is required to reveal such information to the extent necessary to prevent Client from committing a future criminal act that is likely to result in death or substantial bodily harm; 2. Attorney will not assist Client or any witness to testify falsely; 3. Attorney will be required to correct any false statement of material fact presented to a tribunal; and

4. Attorney cannot bring or defend a proceeding, assert or controvert an issue unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith and nonfrivolous argument for an extension, modification, or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

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B. Attorney may withdraw from representing Client as permitted or required by the Arizona Rules of Professional Conduct. C. This Agreement is governed by Arizona law. If any portion of the Agreement is held by a tribunal to be unenforceable, the remaining portions of the Agreement shall continue to be enforced. Venue for any dispute regarding the terms of this Agreement shall be Maricopa County, Arizona.

VII. CREDIT OR DEBIT CARDS

Client understands and agrees that this Agreement is an ongoing monthly

Agreement to pay an earned monthly fee to secure Attorney’s potential availability. Client authorizes the Attorney to charge such monthly fee to Client’s designated credit card until such time as Client notifies Attorney the Client is terminating this Agreement or Attorney notifies the Client the Attorney is terminating this Agreement.

VIII. CONFIDENTIALITY/DISCLOSURE/THIRD PARTIES, ER1.8(f) CLAUSE

A. Sometimes Clients may have someone assist them with their membership fees. If you have someone else paying your membership fees Client gives informed consent:

1. that the Attorney may communicate with that person(s), after first consulting with Client, only about the fees; 2. the third-party payor will not be authorized to receive or request any information about representation of Client unless Client gives the Attorney Client’s express permission to make such disclosures, understanding that if the Attorney makes any disclosures of privileged information, it may waive the attorney/client privilege; 3. the third-party payor may not direct the legal matter only Client may make decisions about Client’s’ legal matter.

B. If the third-party payor fails to pay your AOR monthly membership fee and another arrangement can’t be made, your membership will be canceled, and you will no longer receive the benefits of the AOR Program.

IX. COOPERATION

A. Client agrees to immediately contact Attorney in the event legal representation in any Applicable Legal Matter is necessary. B. Client also agrees to keep Attorney informed of current contact information (telephone numbers, secure email addresses, and mailing address) at all times. C. Client acknowledges the best results in this matter can be achieved by Client providing the Attorney with full and complete information concerning any pending legal matter. Client’s signature on this Fee Agreement attests that the information Client gives to the Attorney will be truthful and accurate to the best of Client’s knowledge.

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D. If there are any changes in material information or contact information, Client will promptly notify the Attorney. E. Client also understands that Client should not use work e-mail addresses, work computers, or public computers (such as at a public library or hotel) or any email account for which someone other than Client has access to communicate with the Attorney in order to protect the confidentiality of our discussions as e-mail may not be secure on those computers. F. Client also agrees to notify Attorney if the Attorney should not communicate with the Client via e-mail or regular mail due to a risk of interception of those communications.

X. COMMUNICATIONS AND FILE RETENTION

A. The Attorney may communicate with you by facsimile, mobile telephone, and email therefore; Client agrees to keep the Attorney informed of current contact information at all times. The email address that you provide to our Attorney must be one for which only you are authorized to view the contents, to avoid waiving attorney/client privilege. Please be certain that your email filters do not block emails from our office and that the allowable size of incoming emails is sufficient to accept firm emails with attachments. It is important that you retain all communications from and to us, including emails and attachments to emails. These are being tendered to you as your copy of your file. B. We retain many file documents and data in electronic format only. These documents and data may be stored on a remote secure third-party server hosted through the internet (“the cloud”). If you require any heightened security measures for the storage or transmission of electronic data, such as for government clearances, please notify the Attorney.

C. Client agrees to notify the Attorney immediately upon the termination of this Agreement if there are any documents Client wishes Attorney to resend to Client. Client understands that the Attorney does not retain Client’s file indefinitely. As such, after the termination of this Agreement, the Attorney may retain a copy of Client’s file electronically only for three years at which time it may be destroyed without further notice to Client.

XI. PRIVACY POLICY

A. The Attorney collects nonpublic, personal information about you only in connection with providing you the services you request. The Attorney will not disclose any public or nonpublic personal information about you to anyone outside the Attorney except as authorized by you or required or permitted by law or court rule. B. The Attorney will not communicate confidential information about the representation to third persons, including Client’s family members unless Client gives the Attorney written permission to do so, understanding that such communication could waive the attorney/client privilege.

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XII. ACCEPTANCE

I certify that I have carefully read the foregoing Agreement and understand all of its terms. Any questions I had about the Agreement have been explained to me by an Attorney to my satisfaction. I agree to be bound by all terms of the foregoing Agreement and specifically to pay all non-refundable monthly retainer fees pursuant to this Agreement. I further understand that The Attorneys For Freedom Law Firm does not currently represent me in any legal matter as a result of this Agreement. If such legal representation is needed, I will execute a new Agreement for such legal representation.

________________________________ _______________________________ Attorneys For Freedom Law Firm Date ________________________________ ________________________________ Client Date